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This revision is filed under Section 397 r/w Section 401 of Cr.P.C. by revision petitions/Accused Nos.1 to 4 and 6 to 11, challenging the judgment of conviction dated 13.11.2007 passed by the Civil Judge (Jr.Dn.) and JMFC, Byadgi, in C.C. No.24/2004, whereby he has convicted the said accused/Revision Petitioners herein for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 504 and 506 read with Section 149 of IPC and they were imposed sentence of imprisonment and fine, which was confirmed by the II Additional District and Sessions Judge at Haveri sitting at Ranebennur in Criminal Appeal No.70/2007 vide judgment and order dated 24.07.2015.

5. The prosecution has examined in all 14 witnesses as PWs. 1 to 14 and also placed reliance on 14 documents marked as Exs.P1 to P14, and also marked 4 material objects as MOs. 1 to 4. Thereafter the statements of accused under Section 313 of Cr.PC were recorded to enable the accused to explain the incriminating evidence appearing against them. The case of accused is of total denial. Later on, the learned Magistrate after hearing the learned defence counsel as well as Assistant Public Prosecutor, has convicted the accused persons for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 504 and 506 read with Section 149 of IPC. Being aggrieved, they filed Criminal appeal No.70/2007 before the II Additional District and Sessions Judge, Haveri, sitting at Ranebennur and the learned Sessions Judge after hearing arguments and re-appreciating the evidence, dismissed the appeal by confirming the judgment of conviction and order of sentence passed by the Magistrate.

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CRL.RP No. 100174 of 2015

to lead further evidence and the defence counsel to cross- examine the prosecution witnesses. Hence, in such circumstances, the point under consideration is answered in the affirmative and accordingly, I proceed to pass the following:

ORDER
i) The revision petition is allowed.
ii) The judgment of conviction dated 13.11.2007 passed by the Civil Judge (Jr.Dn.) and JMFC, Byadgi, in C.C. No.24/2004, which was confirmed by the II Additional District and Sessions Judge at Haveri sitting at Ranebennur, in Criminal Appeal No.70/2007 vide judgment dated 24.07.2015, are set aside.